Unpaid Trials and Probation

Occasionally, when a person is applying for a new job, they may be asked to work for a trial or probation period. There is a good reason behind this – it gives both the prospective employee and the employer a real ‘on the job’ chance to evaluate if the new employee is the right fit for the job and the business.

Trial and probation periods are differentiated by the length of time of each – a trial period is usually only for a brief period of time, while a probation period will be set by the employer and will usually last for between 3 to6 months.

A probation period is a period when the employer assesses the suitability or otherwise of a new employee on his ability in doing the job he has applied for. It is used to assess the capabilities and skills to complete the job as defined in the job description,  and that the new worker is a good fit in to the organisation.

In a probation period, a worker is entitled to all wages and conditions of employment as per the award and the National Employment Standards during a probation period. In a trial period of work, the employee should be employed as a casual and must be paid for a specific number of hours of work. Unpaid trial work is illegal.

As a general rule, if someone is doing productive work for a business, they need to be paid wages.

The employer must notify the new employee, preferably in writing, of the length of the probation or trial period. Additionally, the new employee must be paid for any training the employer requires them to do and the employer must pay for the cost of the training course.

The only exception to this is for work experience (usually 2 – 4 weeks), which does not require payment during the set time. Similarly, volunteer work for a charity or not-for-profit organisation does not get paid.

If you need any help understanding trial periods, probation periods or wages, please contact Annette on  (02) 8977 4002 for a customised solution.